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  1. #1
    ypmartist is offline Junior Member
    Join Date
    Jul 2009
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    suspended without pay pending investigation

    my husband was driving a tow truck, towing a vehicle. He backed the vehicle into the tow yard (an old parking lot). This parking lot has unmarked train tracks running through it. Once he backed the load up as far as it would go, he prepared to leave his truck to unhitch the vehicle. A whistle blew, but it was too late and an on coming train hit the front of his truck, spinning it around causing damage (to him of course), the load, the tow truck and the train.

    He was suspended WITHOUT pay pending the insurance, company and train companies investigation and we are being sued for the tow damage, train damage and vehicle damage.

    Is it legal for a company to suspend an employee without pay for an injury that occurred on the job? Isn't it, basically, his employer admitting he is guilty of negligence prior to the investigation outcome?

    Please help me understand this.
  2. #2
    Hot Topic is offline Senior Member
    Join Date
    Jun 2006
    Posts
    5,226
    Considering the circumstances, the company is within its rights to do what it has done.

    You need to hire an attorney who will come up with the evidence to prove that the railroad is negligent in not providing enough warning that trains run through the tow yard.
  3. #3
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
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    34,440
    He is not being suspended because of his injury. He is being suspended during the investigation. I think I can safely say that he would have been suspended regardless of whether he was injured or not.

    As the above poster says, in the circumstances you have described, an unpaid suspension is quite legal.

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